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  • Article

    Silicon Valley Venture Capital Survey – Fourth Quarter 2017

    This report analyzes the terms of 190 venture financings closed in the fourth quarter of 2017 by companies headquartered in Silicon Valley.
    United StatesCorporate/Commercial Law
    Fenwick
    Fenwick
  • Article

    Putative Class Targets Purported Deficiencies In Employer Meal And Rest Break Policies

    Following the California Supreme Court’s Brinker ruling (April 2012 Employment Alert) that a California employer satisfies its meal/rest period obligations by "providing" rather than "ensuring" employees take rest and meal breaks, the trial court certified meal and rest break classes that focused on the language of the applicable employment policies.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Chipotle Sued In Class Action For FCRA Violations

    The named plaintiff in the action alleged that Chipotle placed the FCRA disclosure in the employment application and surrounded it with distracting language.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employees Must Be Paid For On-Call Time While Required To Stay On Work Premises

    In Mendiola v. CPS Security Solutions, Inc., a California court of appeal ruled that security guards must be paid for time spent on-call where they could not leave their work premises.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Employees Of Temporary Staffing Agencies May Be Forced To Arbitrate Claims Against Agency Clients

    A California appellate court ruled, in Garcia v. Pexco, that a temporary worker could be made to arbitrate his California Labor Code claims against both the staffing agency that employed him...
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Fact Investigation Conducted By Outside Counsel Privileged Despite No Legal Advice Provided

    Employers should carefully consider how they handle investigations by outside counsel and non-attorneys in light of a California appellate court decision in City of Petaluma v. the Superior Court of Sonoma County.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Illinois Supreme Court Holds Employer Liable For Invasion Of Employee’s Privacy By Outside Investigator

    In Lawlor v. North American Corporation (lower court opinion reported at FEB hyperlink), the Illinois Supreme Court ruled that the employer was liable for the actions of its outside investigator who engaged in "pretexting" to obtain a former employee's personal cell phone records.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    New York City Limits Credit Checks

    New York City joined a growing number of jurisdictions that limit the use of credit checks in employment.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    New York State Paid Family Leave Law Enacted And Effective In 2018

    In addition to San Francisco, employers with New York operations should begin thinking about their parental leave policies in light of a new law providing up to twelve weeks of partially paid family leave.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Office Of General Counsel Of NLRB Issues Further Memorandum On Employer Policies

    This is consistent with OGC and Board scrutiny of policies over the last several years, even in the absence of an unfair labor practice charge.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Professor Allowed To Prove That Her Release Of Claims Was Procured By Fraud

    Diane Schmidt was a professor at California State University in Chico who sued the university for disability discrimination, harassment and retaliation.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Revised I-9 Form

    On March 8, 2013, United States Immigration and Citizenship Services released a revised I-9 form.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Unemployment Rate Falls To Lowest Rate Since October 2008

    The unemployment rate dropped to 6.6% in January 2014, which is the lowest rate since October of 2008 and reflects a pattern of decreasing unemployment since the high of 10% in October of 2009.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Update On California's Additional Tax Relating To Noncompliant Deferred Arrangements

    On October 4, 2013, California reduced the additional California state income taxes levied on deferred arrangements that violate Section 409A of the Internal Revenue Code
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    U.S. Supreme Court: Does SOX Protect Employees Of A Public Company’s Private Contractor?

    The United States Supreme Court agreed to review whether the Sarbanes-Oxley Act whistleblower protections apply to employees of a public company's contractor or subcontractor.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Waiver Of Class Action Remedy Enforced Even Though Anticipated Costs Of Individual Arbitration Exceeded Maximum Potential Recovery

    In "American Express Company v. Italian Colors Restaurant", a non-employment case, the Supreme Court enforced a class action waiver in an American Express arbitration agreement.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Technology Assisted Review (TAR) / Predictive Coding — New Decision

    Thanks to Hon. (Ret.) Andrew J. Peck, now Senior Counsel at DLA Piper, I just learned of a hot-off-the-presses (yesterday) Technology Assisted Review decision by the Utah federal district court.
    United StatesLitigation, Mediation & Arbitration
    Fenwick
    Fenwick
  • Article

    That Was Us; The Jafar Case With Brian Buckley

    The "That Was Us!" series celebrates where we've been and what we've accomplished by creating a patchwork of voices from the people who helped us along the way.
    United StatesLitigation, Mediation & Arbitration
    Fenwick
    Fenwick
  • Article

    Trends In Legal Terms In Venture Financings In Israel - Full Year 2016

    We have analyzed the terms of venture financings for Israeli and Israeli-related technology companies that reported raising money during the year 2016.
    United StatesCorporate/Commercial Law
    Fenwick
    Fenwick
  • Article

    NEWS BITES - May 2012

    Adding to the confusion surrounding the controversial requirement of the National Labor Relations Board that employers post notices informing employees of their rights under the National Labor Relations Act (reported in our January 2012 FEB), the Court of Appeals for the District of Columbia issued an emergency injunction blocking enforcement of the rule.
    United StatesEmployment and HR
    Fenwick
    Fenwick

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